Research On Antitrust Review Of Concentration Of Undertakings Involving Big Data

In the era of digital economy,data has brought huge competitive advantages to enterprises and has become the basis for many Internet companies to provide and improve their products and services.In order to acquire data resources,some Internet giants began to acquire data held by other companies or develop new business scope through concentration of undertakings.How to deal with the anti-competitive behaviors and privacy protection problems related to big data in the antitrust review of concentration of undertakings involving big data has become a difficult problem for antitrust enforcement agencies around the world.First of all,the review ideas of horizontal concentration and nonhorizontal concentration are different.On the one hand,in terms of horizontal concentration,it mainly involves the possibility of using data advantages to construct market access barriers,and it could be reviewed from the perspective of whether data can be replaced or not.On the other hand,in terms of non-horizontal concentration,it mainly involves whether it is possible to cause inputs foreclosure,and it can be reviewed from the perspective of whether the parties have the ability to substantially foreclose access to inputs and whether the parties have the incentive to do so.Secondly,the data contains a large amount of user privacy.Therefore,the privacy protection concerns caused by the concentration of enterprises have also entered the field of antitrust law enforcement agencies.For the adverse effects resulting from the possible reduction of competition on privacy protection,transferring and sharing of user data and excluding competitor with better privacy protection,the review of antitrust law enforcement agencies should still be based on specific anti-competitive behaviors.Finally,based on the analysis of big data-related anti-competitive behavior and privacy protection problems,it is proposed to improve the antitrust review mechanism of anti-competitive behavior and privacy protection problems related to big data in PRC from the perspective of whether it is possible to build market access barriers with data advantages,whether it is possible to lead to inputs foreclosure and whether there may be any anti-competitive behavior to harm users' privacy interests.